Subscribe to our free social sector news and jobs services!

Stay informed with Australia's number 1 resource for the social sector.

Breaking national NFP news

Jobs and career opportunities

Conferences and events from across Australia

Plus: Sign up today and receive a FREE copy of our Executive Webinar: Government Relations for Not for Profits - A Tactical Approach.

First Name

Last Name

Email Address*

Post Code*

Subscribe to our email bulletins:Pro Bono News | Social sector news bulletin. Sent every Tuesday and Thursday morning.Pro Bono News | Good Business edition. Sent on the first Wednesday of every month.Pro Bono Careers | Purpose-driven job alerts & career news. Sent every Monday morning.Pro Bono Resources | Sector specific professional tools & webinar updates. Sent once a week.Subscriber Offers | Exclusive sector content from our supporting partners. Sent once a month.

University of NSW Law Students who took part in the Practicing in the Public Interest Course last year were required to produce a research essay for critical analysis. Fourth year student Deborah Potter’s essay titled “Should pro bono be a compulsory component of private law practice?” was chosen as best article.

Potter argues that a distinction needs to be made between acknowledging the ethical responsibility of lawyers to perform pro bono work and asserting that the fulfillment of the responsibility be made mandatory.

She says lawyers are in unique position to protect the defenceless, and lawyers have a duty to the law. Given the wider benefits to the community that would result from improving access to the legal system, it can be argued that the burden placed on lawyers is easily justified.

Potter goes on to argue that there are concerns that a compulsory pro bono scheme would require lawyers to perform work in areas where they are not experienced or qualified in.

She says that in a system where pro bono service is mandatory, the risk of inexperienced litigator being required to accept, or even simply feeling pressured to take on cases which they cannot cope with, would inevitably be increased.

As well she argues that the introduction of compulsory pro bono for private practitioners would reduce the expectation for the state to provide adequate levels of legal aid.

She says it would create a structure which would enable, and a culture which would allow the gradual reduction of government funding to legal aid. In the event of its introduction, the legal profession would need to be continually alert to this danger.

Got a story to share?

Got a news tip or article idea for Pro Bono News? Or perhaps you would like to write an article and join a growing community of sector leaders sharing their thoughts and analysis with Pro Bono News readers?